Macomber

(HC) See v. Macomber

Good Law
United States District Court, Eastern District of CaliforniaNovember 8, 20241:24-cv-01096California223 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MOUSENG SEE, Case No. 1:24-cv-01096-KES-SKO (HC)

Petitioner, ORDER DENYING MOTION FOR

APPOINTMENT OF COUNSEL

v. [Doc. 9] JEFF MACOMBER, Respondent.

16 Petitioner has requested the appointment of counsel. There currently exists no absolute right to appointment of counsel in habeas proceedings. See, e.g., Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958); Mitchell v. Wyrick, 727 F.2d 773, 774 (8th Cir. 1984). However, Title 18 U.S.C. § 3006A(a)(2)(B) authorizes the appointment of counsel at any stage of the case if "the interests of justice so require." See Rule 8(c), Rules Governing Section 2254 Cases. Here, Petitioner has filed a well-pled petition and the matter is currently awaiting a response from Respondent. The Court does not find that the interests of justice require the appointment of counsel at the present time. Accordingly, IT IS HEREBY ORDERED that Petitioner's request for appointment of counsel is DENIED.

IT IS SO ORDERED.

1 Dated: November…

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